We are installing a battery energy storage system. What will insurers and owners ask about our insurance?
By the Rayon research desk · Last reviewed
Expect four groups of questions: whether the system is installed to NFPA 855, whether it has UL 9540A fire test data, who insures the batteries in transit, in storage and during installation, and whether your liability policies respond to fire, gas and pollution from a battery failure. The published guidance is written for project owners. A contractor meets it through the subcontract and its own renewal.
Why is battery work underwritten differently?
The concern is thermal runaway. NFPA describes it as the rapid uncontrolled release of heat energy from a battery cell, which can set off a chain reaction in neighboring cells and end in a fire or explosion. NFPA lists three related hazards: stranded energy that can cause reignition hours or days later, toxic and flammable gases, and deep-seated fires that take large amounts of water to cool.
NFPA also lists how batteries fail. Mechanical abuse is the first: a battery that is dropped, crushed or penetrated. Thermal abuse, electrical abuse such as overcharging, and environmental causes such as flooding follow. Several of those can happen during shipping, rigging, installation and commissioning. Lockton notes that risk engineers evaluate proposed contractor competence as part of early project review.
The AGC’s 2026 paper on data-center construction makes the same point for buildings: lithium-ion batteries present a fire risk that is harder to control because of thermal runaway.
Which standards will they name?
| Reference | What it is | What a contractor may be asked |
|---|---|---|
| NFPA 855 | The NFPA standard for the installation of stationary energy storage systems | Whether the installation follows it, including the hazard mitigation analysis that The Hartford’s risk engineers refer to |
| UL 9540A | A test method for thermal runaway fire propagation, run at cell, module, unit and installation level | Whether the manufacturer has test reports for the product and configuration being installed |
| UL 9540 and UL 1973 | Listed by Lockton, with NFPA 855 and UL 9540A, among the standards insurers have largely adopted as minimum requirements | Whether the equipment you are supplying or installing is certified to them |
| Separation and layout | The Hartford’s guidance gives clearances from buildings and asks for gas detection, ventilation and fire protection | Whether the as-built layout matches the design that was underwritten |
Who insures the batteries before handover?
This is the question in the article on installation floaters, with higher stakes. Battery modules are shipped to site and may be stored before they are installed. Lockton’s guidance for developers lists marine cargo insurance for transit of battery modules, inverters and main power transformers, and notes it can be arranged to complement contractors’ existing marine policies. That wording assumes contractors may hold marine or transit policies of their own.
On site, the project’s builder’s risk policy usually insures the permanent works, and an installation floater insures property a contractor is installing. Under the AAIS installation floater reviewed by FC&S, damage during testing and commissioning is covered only if a testing endorsement is added.
- Ask who bears risk of loss for the batteries at each stage: factory to port, port to site, storage, installation, energization and acceptance.
- Ask whether you are an insured on the builder’s risk policy and whether its insurer has waived recovery against you.
- Ask which policy covers a failure during commissioning, when the system is first charged.
Where does pollution come in?
A battery fire produces smoke and gas, and fighting it uses a great deal of water. Under the standard general liability form CG 00 01, the pollution exclusion has an exception for bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire, which the form defines as one that becomes uncontrollable or breaks out from where it was intended to be.
That exception has limits. It is written for heat, smoke and fumes. It does not mention water or soil contaminated by firefighting, and the exclusion separately removes clean-up costs ordered by a regulator. If your policy carries a total pollution exclusion, check whether a hostile fire exception survives: CG 21 55 keeps one, and CG 21 49 has none in its title.
Lockton’s guidance lists environmental impairment liability among the covers a developer should consider. For a contractor the matching question is whether it carries contractors pollution liability and what the subcontract requires.
What should I have ready?
No published questionnaire for installing contractors was found for this article. The list below is drawn from what insurers and brokers say they look at on the project, turned into the documents a contractor is likely to be asked for.
- The manufacturer’s UL 9540A test reports and certifications for the system being installed.
- Evidence that your scope is being installed to NFPA 855 and to the manufacturer’s instructions, including handling and storage requirements.
- Your experience with battery storage projects. Lockton warns developers about relying on contractors without proven experience in this work.
- Your method statements for rigging, energization and commissioning, and the site emergency response plan. The 2026 edition of NFPA 855 added requirements for one.
- Your own policies: general liability with its pollution wording, pollution liability if you carry it, property cover for equipment in transit and during installation, and professional liability if your scope includes design or commissioning.
Sources
- NFPA, Energy Storage Systems (ESS) and Solar Safety: hazards and failure modes
- NFPA 855, Standard for the Installation of Stationary Energy Storage Systems (standard text not fetched)
- International Code Council, NFPA 855 (2026 edition) product description
- UL Solutions, UL 9540A Test Method for Battery Energy Storage Systems
- The Hartford, Reducing fire hazards in battery energy storage systems
- Lockton, How the insurance industry enforces BESS safety standards
- Lockton, How to mitigate BESS pre-construction risks
- AGC, Insurance Issues in Constructing Data Centers: A GC’s Perspective (2026)
- FC&S Editors, Installation Floaters, PropertyCasualty360 (July 2014; reviews the AAIS IM 7100 form)
- ISO CG 00 01 04 13, Commercial General Liability Coverage Form
- ISO CG 21 49, Total Pollution Exclusion Endorsement (form text not fetched)
- ISO CG 21 55, Total Pollution Exclusion With A Hostile Fire Exception (form text not fetched)
General information, not legal advice or an interpretation of your policy. Policy forms and endorsements control. Form numbers are © Insurance Services Office, Inc. and are cited for reference.